ShawnK

Good post, so I guess, if you didn't have travel plans around Sep, you would have been issued 2 months ago (as you had a voluntary 2 month delay).

The sad thing is that we can only dream about getting a medical request after 10 months, us early 2023 people seem to be getting the worst of it. But oh well, what can you do, I agree for mental health it isn't good to keep coming here. You just have to accept you aren't going to the US until they want you to and hope that your application/Ds5535 isn't lost somewhere, as they will never say anything -as they couldn't care less.

14 minutes ago, MonB said:

Hi everyone, I hope that you can help, I am a US citizen and my wife who lives in Canada had her interview on Jan 23, 2024 everything went well, but after checking the status it says Refused, I checked the CEAC website  nothing was mentioned there just Refused without any reason, I called 438-793-1947 and they said that I have to wait and they have no info meanwhile I sent an email to: Canada.Visas@gdit-gss.com, they said this is just for support, I called some numbers for embassy or I don't even remember they gave me this email: montreal-iv-dv@state.gov, they replied that my case is refused and it's under administrative processing under 221g and they sent me a an online form, I am not sure if it's legit? any of you had experienced that??, any info will be apricated.

this is how the link looks like:

Yes, that's the dreaded ds5535. It used to be via email,  now it's a form.  The purpose is to conduct a security related background check.

Unfortunately not much you can do but wait. You can file a lawsuit after 6-12 months,  costs $5500-$7k, not as effective as it was a year ago.

You have to fill it out and wait......unfortunately the wait can be long, 9- 14 months. We still have Feb 2023 people waiting. 

Do you or your spouse have any ties or extensive travel to any country that may be considered problematic?

1 hour ago, Daft_Cat said:

Another unsolicited case update today. My last one was Jan 31st. Sent an email a couple weeks ago, but no reply to that.

Fingers crossed for you man, hopefully you get that sweet beautiful email asking for a medical. I started shaking just thinking about it.

4 hours ago, tdot2nj said:

Hello!! Looking for some insight into how long everyone is waiting for. I was interviewed at MTL on Nov 28, 2023 and asked to complete the DS-5535. I started my process with USCIS in Feb 2022. It has been almost 2 years of waiting for my IR1 visa. I have recently filed the WOM with my lawyer. I am curious to know when you all filed your cases. USCIS shows 14 month processing time and I am at 24 months now. I was separated from my now husband for 17 months due to the Canada/US border closure during covid and still struggling to be able to legally live together in the US. This is taking a toll on our mental health I just want to live with my husband  

I'm very sorry.

We have people (by people I mean those issued Ds5535 in Montreal) here from Feb 2023 who still haven't cleared,  the last members to clear were Jan 2023 people who cleared around Dec 2023. We are now anxiously waiting for our Feb 2023 Ds5535 Montreal folks to get updates.

Right now it seems to take one year to clear the Ds5535 and get an update for a new medical.  A few people did clear much faster but that seems to be rare. We don't even know if one year is enough or if it will get worse.

In terms of WOM, please budget extra funds to respond to a motion to dismiss as in 95% of these cases the government is fighting back and trying to dismiss the cases.

I wish I had better news.

The US government seems to really enjoy punishing people who marry Americans, or Americans who marry foreigners. They seem to get some sort of joy by separating parents from their children. It's a nightmare.

1 hour ago, Daft_Cat said:

I know they can technically leave us in this position forever (which is indeed scary), but in practice things won’t get to that point. The more the process slows down, the greater the legal burden will be for the State Department. Judges will not be sympathetic when applicants are waiting multiple years without clear reason. While we may not be citizens, our spouses are, and they’re owed a duty from the state that goes beyond the legalese of a “technical refusal pending indefinite administrative processing”.

 

The worse this gets, the more appetite there will be to suspend DS-5535s pending exceptional circumstances until the backlog is cleared, or dramatically scale resourcing to remove the bottleneck. Even my attorney, who is very critical and up front with me, doesn’t believe this situation is permanent. Something’s gotta give eventually.

It will eventually but it could take 5 years or 10? They have not passed any meaningful immigration reform since 97. 

Right now this issue is getting zero media attention.

No one has any sympathy for legal immigrants waiting patiently in line, even the advocats don't seem to care about us. All the sympathy is for those crossing in , who have paid smugglers, they are the media darlings.

Recently USCIS has really sped up processing I-485 s and EAD/APcards, if you look on reddit people getting cleared in 2-4 months. 

If you are in the US with an  approved I130 you might want to consider that route. Talk to a lawyer. I was in the US and was advised by a lawyer that it's OK to genuinely change your mind after you enter, it's only fraud to enter with that intent and then do it.

You have to have a genuine explanation,  and the severe delays with Momtreal Ds5535 processing is genuine.

You just have to remain in the US until they send you your advanced parole card. But again,  on reddit, I see people moving fast (2-4 months).

You can withdraw your application with Montreal with a simple letter.

Something to consider now that it seems they will no longer process these cases anytime soon(we have seen only 2 Ds5535 cases from Jan get updates in October).

People have families and lives, can't stay apart forever.

8 minutes ago, Phil_K_IR1 said:

Don't get my hopes up now haha

 

Would be a dang miracle if so 😭🙏🏼

Those organic unsolicited rapid updates are them working on your case as your clearances come in. Rapid updates a day or two apart , 2, 3 in a row are very good news when they occur a while after you send them your documents.

You didn't get a DS5535,  God gave you a high five, so thank him. Cv checks don't take as long.

Email them every two weeks or so to follow up, you should clear soon.

4 hours ago, Phil_K_IR1 said:

So we just got another unsolicited case last updated change to today. 
 

The last one was on Jan 25, also unsolicited. Not sure what's going on, or if it means anything, because they're basically a week apart. 

You are about to clear, any day now. 

2 hours ago, APRIL2023 said:

I need to submit proper RCMP check, ds5535 and passport (given back at the end of interview). The CO told me to not send in the RCMP check as it will most likely expire by the time my AP is cleared and I will be asked to resubmit a new one. I also sent a follow-up email after acquiring my RCMP check, in which I received instruction to hold off on sending things in until I get further instructions from the consulate. I just recently learned from this forum that some members have sent their RCMP in asap. So I emailed the consulate to confirm. That’s when I was told that I have to send in my RCMP. Frustrating.
 

I was also told to expect ds5535 via email after my interview. Never received one. After three weeks, I just send in my information based on DS5535 online templates via email. Have to follow up a few times and finally they confirmed receipt. 
 

Doesn't sound like this was a common experience for peeps here. Im very proactive throughout this process but have had super bad luck with everything. Perhaps my application has fallen through the cracks between the desks… literally. 

What is the harm in sending them your RCMP certificate? They are valid for 2 years, and you should be very close to hearing back. One less thing they'll need.

2 minutes ago, Phil_K_IR1 said:

Just sent a request to my congressman (democrat). 
 

Doubt they can do anything, but in a weird way I'm hoping the government exercises an audit on the consulate for being the way it is. There's no way it's working as intended. 
 

For records sake:

 

interview on Nov 9, 2023

221g refusal asking for CV only, passport returned at interview 

 

been waiting ever since (we assume Mantis clearance/SAO needed)

Wish you better luck than me,  I found Senators/Congressmen were totally useless. All they do is get some aid to send an email , that aid gets the same template response we do.

Totally useless system.

As of right now there is no quick relief from this process, mandamus -the previous nuclear option, no longer moves quickly. The DOS will fight them to discourage people from filing.

They get dismissed and take many months to fight. You need to be prepared for a MTD and budget to respond that.

Most lawyers no longer want to even try if you haven't waited 6 months to a year.

I'm sorry, but for most getting DS5535, your are SOL.

@Cadtoverm

Just curious and to help any potential lurkers anticipate and get mentally prepared for their own DS5535, do you or your spouse, your parents, have any ties to the Middle East, South/Central Asia (the Stans) Africa, Eastern Europe/RUSSIA, China, Latin/Central/South America? 

I think if someone or his/her spouse or parents, has any ties to any of these places, a DS5535 is more likely.

27 minutes ago, mam521 said:

@Cadtoverm 

My wife is an American, currently living in Canada with me in Montreal. We bought our house in Vermont when we got married and started the immigration process. At the time we thought it would be an 8 month process….

 

We are having a baby in 3 weeks, and was hoping to be able to move full time to be close to her family and live in our house. The uncertainty of this situation is really impacting my mental health.

 

 Thanks everyone for sharing your stories and information….. it makes a bit easier to go through the experience. 

 

Well, not that you want to hear this, but if the baby is born in Canada, it will be able to pass on Canadian citizenship to it's children, should they choose to have kids.  You guys won't be saddled with a big hospital bill right as you were hoping to move and your wife will be able to deliver with her doctors that have overseen the entire pregnancy.  

 

I know, you'd much rather be "home".  100% get it.  But hopefully it's not all bad...a new baby is pretty exciting.  

Recently this was rejected by the courts in Canada, so now ,a Canadian child born abroad can pass on Canadian citizenship.

1 hour ago, Daft_Cat said:

I decided to fight the motion to dismiss, though I’m pretty confident my number will come up before the process gets that far.

 

I just felt it was prudent to keep the legal door open, especially since the judge in my case is typically pretty friendly to the cause. This is an election year and the border has been in the news for the wrong reasons - theoretically things could get worse and it seemed safer to push on until the request for my passport is in my inbox.

Smart move. About 1.5 months ahead of you and truly hoping you hear something soon.

I think if one hears nothing after 12/13 months , WOM may be the way to go, the only way to potentially avoid an endless hole.

Biff Tanen might be coming back, so it would be a good idea to get this sorted before that. 

1 hour ago, Daft_Cat said:

If I recall correctly the story about the baby was second hand information. Probably a poster that heard about it anecdotally from an attorney or through their own network. My memory is hazy, but it must've been at least 6 months ago.

 What did you decide to do? Fighting back or waiting it out, since in theory, you should be close. 

42 minutes ago, LYV said:

Disagree,

 

My family and my husband’s family are English, German, French. My mom is American as well as several other family members. The consulate person interviewing told us it was random. if a baby gets it and no other family members then you know it’s something else going on and not based on anything. 

Anyone can get it , much higher risk if tied to the 7 countries that were part of travel ban or list of "26".

People from Iran almost always will get it.

Every lawyer I spoke to said they profile based on ancestory/place of birth/religion etc..Goldstein, Hacking,PIC all confirmed this.

On our tracker,  where is the baby? I don't think there is any baby on that tracker. Even they aren't silly enough to keep a baby in Ds5535 for a year.

3 minutes ago, ak47 said:

Any Jan 2023 folks getting movements??

As per list Jan 2023 are all done. Feb should hopefully hear soon.

2 minutes ago, MRJ9987 said:

Well that sucks.  Would’ve gotten rid of my Serbian passport had I know it was going to cause me problems. 

Well if you were born there, they would still do it.

2 minutes ago, Ontarkie said:

Quite honestly I really believe it is truly random. So many  Canadian born with no travel or family in other countries are being given this form. There has been at least two members whose babies were under a year old even less than 6 months old get this form requested. While the rest of the family did not need to submit it. 

 

 

It is , but.it is much more likely if you are from Iran or Somalia vs say Iceland or Norway. Iranians will almost always get it.

My anecdote,  on the day of my interview, a few of us IRs ,there.. the only two who walked away all clear were the old stock Canadian folks. They 100% profile, all lawyers I have consulted with told me this.

1 hour ago, MRJ9987 said:

I was born in Serbia. I do hold a Serbian passport so I was worried the whole time that that may trigger a red flag for them. Could that be it?  

Yes that will do it, that part of the world has a complex history.

Anything that ties you to any place not rooted in NW Europe/British Isles or Japan/South Korea..can cause delays. To be fair anyone can get a DS5535, but in general,  would be far less likely for some Dutch guy  (ethnic Dutch).

Just now, MRJ9987 said:

What does TAL stand for?  

Technology alert list. 

I'm sorry, I hope you don't mind, but do you have a non NW European origin? Basically not "old stock" Canadian, every lawyer I spoke to, ..said that greatly increases risk for 5535. Obviously they will never admit to that.

BTW sorry you are facing this.

1 hour ago, Irish89 said:

Have you heard this from people who received visas in the end? I posted a while back if people who got their visas noticed unsolicited updates on the CEAC tracker prior to receiving their passport requests but no one responded. I can't blame them from not being on here either though lol.

For sure , spent way too much time reading these threads. When after many months in AP, you get unsolicited "organic" updates,  one after the other, maybe a day or so apart, good news is coming. Often after that people will get an email to do their medical.

So, if after many months in AP , you start seeing your case get updated, daily or every other day...get ready..

They only open your case if you contact them, of if they are actually doing something with it. Every time they touch it, it will update.

Well looks like nothing happening in January.

Hopefully, you February folks will see medical requests in Feb or March, hoping they don't take much more than 12 or 13 months to send a medical request .

I feel like us early 2023 people (Jan -April) should clear  by late Spring or Summer. 13 months (unless the rare odd endless case) is when we see them start to move on most people.

I think all of us will emerge from this much stronger, and we will never take the US or our legal status there for granted. 

53 minutes ago, LYV said:

 

I am a late May EB1 interviewer and I received an unsolicited update in early Dec. I'm not sure anything can be read into the updates.

I think the pattern is 2-3 updates , one after another in a short period.  That's when it is close.

Is anyone ever going to get any requests for a medical? Seems nothing has moved since Jan 2023 interviewers got medical requests in late Sep and early October.  

Are there any Feb or March users lurking out there who have received a request? This is getting very concerning.